34/4 Report of the Working Group on the Universal Periodic Review - Togo

GE.16-23163 (E) 180117 190117



Human Rights Council Thirty-fourth session

27 February-24 March 2017

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Togo

* The annex is being circulated without formal editing, in the language of submission only.

United Nations A/HRC/34/4

General Assembly Distr.: General 30 December 2016

English

Original: English/French

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Contents

Page

Introduction ................................................................................................................................... 3

I. Summary of the proceedings of the review process ...................................................................... 3

A. Presentation by the State under review ................................................................................. 3

B. Interactive dialogue and responses by the State under review .............................................. 7

II. Conclusions and/or recommendations ........................................................................................... 14

Annex

Composition of the delegation ...................................................................................................... 27

GE.16-23163 3

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-sixth session from 31 October to

11 November 2016. The review of Togo was held at the 1st meeting, on 31 October 2016.

The delegation of Togo was headed by the Minister of Justice and Relations with the

Institutions of the Republic, Kokouvi Agbetome. At its 10th meeting, held on 4 November

2016, the Working Group adopted the report on Togo.

2. On 12 January 2016, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Togo: Ethiopia, Panama and Switzerland.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Togo:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/26/TGO/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/26/TGO/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/26/TGO/3).

4. A list of questions prepared in advance by Belgium, Germany, Mexico, Slovenia,

Spain, the United Kingdom of Great Britain and Northern Ireland and Zambia was

transmitted to Togo through the troika. These questions are available on the extranet of the

universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation stated that, since the first cycle of the universal periodic review in

2011, Togo had made every effort to implement the recommendations it had accepted. In

2014, it had submitted a midterm report on the progress made. The reports submitted for the

review had been prepared using an inclusive and participatory process.

6. Of the 133 recommendations made at its first review in 2011, Togo had accepted

122 and noted 11. While some progress had been made, further efforts were required in

several areas despite the resolve displayed and the resources deployed.

7. In the political and institutional arenas, democracy was functioning; the opposition

played an important role in the political, economic and social life of Togo and the country

was run in a participatory manner.

8. Progress had been made in the areas of economics and finance as a result of the

positive impact of government support for the agricultural sector, the ongoing efforts to

strengthen the economic infrastructure and the performance of the financial authorities,

which had further consolidated the improvements in the macroeconomic framework.

9. In the area of legislation, a number of laws had been passed relating to the Criminal

Code, the Individuals and Family Code, the Code of Military Justice, the status of judges,

audiovisual media and communications, legal aid and the special regulations for the police.

4 GE.16-23163

10. In terms of accession to instruments and cooperation with regional and international

mechanisms, Togo had concluded its ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights, aiming at the abolition of the death

penalty, on 14 September 2016.

11. During the period under review, it had also become a party to the Convention

against Discrimination in Education (2012) and the International Convention for the

Protection of All Persons from Enforced Disappearance (2014).

12. In 2012 and 2013, it had submitted a number of initial and periodic reports to six

treaty bodies.

13. Togo had received visits from the United Nations Deputy High Commissioner for

Human Rights in 2014, the Special Rapporteur on the situation of human rights defenders

in 2013 (second visit) and the Subcommittee on Prevention of Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment in 2014.

14. It had also received a visit from the African Committee of Experts on the Rights and

Welfare of the Child in 2013 and submitted its initial report on the African Charter on

Democracy, Elections and Governance in 2016.

15. Furthermore, Togo had been elected to the Human Rights Council for 2016-2018

and would use that mandate to strengthen its human rights commitments.

16. In connection with the fight against torture, the modifications to the new 2015

Criminal Code included the removal of the statute of limitations for acts of torture and the

alignment of the definition of torture with the provisions of the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment. Following its

ratification of the Optional Protocol to the Convention against Torture, Togo had mandated

the National Human Rights Commission to act as the national mechanism for the

prevention of torture. The organic law had recently been reviewed to bring the Commission

into line with the principles relating to the status of national institutions for the promotion

and protection of human rights (the Paris Principles).

17. Capacity-strengthening workshops on combating torture had been organized for

criminal investigators and prison and rehabilitation officers with support from the United

Nations Development Programme and the Office of the United Nations High Commissioner

for Human Rights.

18. Progress achieved in the area of governance and promotion of the rule of law

included the reform of public finances and the fight against corruption. Togo had ratified a

number of regional and international instruments in that connection and several new

institutions had helped to reduce corruption. As a result, between 2011 and 2015, Togo had

risen 36 places in the country rankings of the Transparency International Corruption

Perceptions Index. The establishment of the High Authority to Combat Corruption should

enhance efforts in that area.

19. In the justice sector, the modernization programme for 2005-2012 had enabled the

construction, renovation and fitting out of a number of courts of appeal and other courts, the

introduction of a computerized system for issuing certificates of nationality, the

establishment of the Judicial Careers Training Centre, the computerization of the

commercial section of the court of appeal and the Lomé court of first instance, the

provision of equipment for the forensic police, the dissemination of legal guides for citizens

and detainees and the construction of a new civilian prison which met international

standards.

20. In October 2015, Togo and the European Union had signed an agreement to fund a

new programme to support the justice sector.

GE.16-23163 5

21. The delegation stressed that fighting poverty was one of the Government’s priorities

and pointed to the Accelerated Growth and Employment Creation Strategy for 2013-2017,

the National Fund for Inclusive Finance, the Emergency Programme for Community

Development, dedicated programmes ensuring access to financial services for the poor,

farmers and young people and the national Cash Transfer Programme. These policies and

programmes had resulted in a decline in poverty in Togo, which had been chosen as a pilot

country for the implementation of the Sustainable Development Goals.

22. Major reforms had also been instituted in the agricultural sector, where 15,000 jobs

had been generated through the National Agricultural Investment and Food Security

Programme. The progress made in combating hunger and malnutrition had been recognized

by the Food and Agriculture Organization of the United Nations in 2013 and 2015.

Nevertheless, significant challenges remained.

23. The proportion of the population with access to drinking water had risen from 42 per

cent in 2012 to 50 per cent in 2015, while the electrification rate had increased from 26.57

per cent in 2013 to 28.3 per cent in 2014. In 2014, electricity had been brought to more than

80 communities as part of the rural electrification programme.

24. With regard to access to health care, the delegation highlighted the subsidies that

covered 90 per cent of the cost of caesarian sections, the campaigns to treat obstetric fistula,

the promotion of free malaria treatment, the creation of an observatory to combat

discrimination against and stigmatization of persons living with HIV/AIDS and the

provision of seven free vaccinations for women and children.

25. Other measures taken in this regard included the creation of a national laboratory for

the quality control of medicines, the establishment of a drug regulatory authority, the

recruitment of 1,107 health-care professionals, the award of 117 training grants and the

provision of care for more than 80 per cent of pregnancies. The number of births attended

by qualified personnel had increased from 60 per cent in 2010 to 73 per cent in 2014.

26. Regarding the right to work, the national employment policy had enabled more than

100,000 young people to benefit from support for training, employment, financing and

entrepreneurship. This had led to a reduction in the youth unemployment rate from 8.1 per

cent to 3.4 per cent between 2011 and 2015.

27. In the area of the right to education, Togo had updated its sectoral plan for 2014-

2025. Efforts made to improve access to and universal completion of primary education

included the construction of 999 classrooms equipped with latrines and wells in 2014 and

the conversion of 85 community-run schools into public schools. A total of 207 teachers

and trainers had been recruited.

28. With regard to higher education, the delegation made reference to the

computerization of the Directorate of the National Library and Archives and the

introduction of regulations governing private higher education.

29. The new Criminal Code and the revised Individuals and Family Code contained

provisions aimed at eliminating discrimination against women. In addition, efforts had been

made to reduce gender inequality, including through the encouragement of women’s

participation in public affairs, the implementation of the women’s centres programme and

the establishment of a number of counselling centres for gender-based violence throughout

the country.

30. The representation of women in parliament had risen from 11.11 per cent in 2007 to

18.68 per cent in 2016. In contrast, the percentage of women in government had dropped

slightly.

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31. Various programmes to combat violence against and abuse of children had been

launched with technical and financial support from the United Nations Children’s Fund

(UNICEF) and other partners. In order to strengthen the monitoring of these programmes, a

decree on the National Committee on the Rights of the Child had been issued.

32. With regard to persons with disabilities, a national protection strategy and a

corresponding operational action plan had been developed. To promote inclusive education,

teachers had received specialized training in order to improve the management and

integration of children with disabilities. Togo had also been supported by Handicap

International and the Togolese Federation of Associations of Persons with Disabilities.

33. The new law on the status of refugees in Togo, adopted in 2016, had brought the

national asylum procedure into line with international standards. In addition, refugees were

able to work in Togo.

34. Responding to the questions received, the delegation stated that the use of force by

the defence and security forces was regulated by the Constitution, the Act of 16 May 2011

and the decree of 6 March 2013. The maintenance and restoration of law and order were

governed by the proportional use of force and subject to a request from the competent

authority. An independent commission of inquiry was investigating serious incidents

involving the use of force and had facilitated the initiation of legal proceedings. In addition,

a range of disciplinary and criminal sanctions were available.

35. Furthermore, the implementation of the new Code of Military Justice of April 2016

meant that no act of wrongdoing would go unpunished.

36. Togo was engaged in legal proceedings and activities to raise public awareness of

the obligation to obey the law. Community policing policies were also planned in order to

raise awareness of the risks and harmful consequences of mob justice.

37. In order to reduce prison overcrowding, pretrial detention would now be used only

as an emergency measure and a model prison had been opened in Kpalimé. Additional

resources were needed to address the shortcomings in terms of food and health care.

38. Progress had been made on birth registration. The birth registration rate had doubled

to 85 per cent in 15 prefectures as a result of the operational action plan, and a reliable

system for registration and the issuance of certificates was planned.

39. Freedom of expression was guaranteed by the Constitution and the Press and

Communications Code. The Act on Freedom of Access to Public Information and

Documentation, adopted in March 2016, protected access to public information.

40. Regarding the right to social security, efforts had been focused on the principle of

universal coverage by extending the existing coverage for civil servants to workers in the

private sector. With regard to the issue of female genital mutilation, the incidence had

dropped from 12 per cent in 1996 to 2 per cent in 2012.

41. The new Criminal Code and the Individuals and Family Code prohibited violence

against women, and victims of violence received assistance at counselling centres and

women’s centres.

42. Togo was combating teenage marriage, teenage pregnancy and violence against girls

in schools through awareness-raising, advocacy and efforts to keep them in school

throughout higher education.

43. To combat child trafficking, Togo had boosted family finances by providing

subsidies and establishing school canteens in poor areas. Between 2012 and 2015, 218 of

the 553 child trafficking complaints filed had resulted in the prosecution of perpetrators,

and cooperation agreements in this connection would be signed with Benin, Gabon and

GE.16-23163 7

Nigeria. Following a decision taken in October 2016 by the Council of Ministers,

appointments would be made to the National Committee on the Rights of the Child.

44. Regarding the right to education, the imbalance in school enrolment between girls

and boys and the dropout and repetition rates had all decreased. Programmes to support

girls in technical education had led to scholarships being awarded to female students in

scientific and technical subjects. The cooperation of the traditional customary authorities

had enabled girls to be removed from convents and enrolled in school.

45. Between 2011 and 2015, the poverty rate fell from 58 per cent to 51 per cent, partly

as a result of the national programme for sustainable development. Efforts continued to

improve access to water, including on farms. In the mining sector, infringements of safety

regulations were subject to sanctions and companies were supporting the economic

development of mining areas in line with the mining governance programme funded by the

World Bank.

46. Despite these advances, challenges remained. However, Togo was still committed to

making significant and progressive improvements in the area of human rights and sought

assistance from partners in pursuing its priorities, in particular birth registration, health in

prisons and the implementation of social programmes for which it needed financial support.

47. The delegation thanked those countries that had contributed to improving human

rights in Togo, as well as the international organizations that had supported it throughout

the review process, in particular the International Organization of la Francophonie. Lastly,

Togo invited its technical and financial partners to continue to support the Government’s

initiatives in the areas of human rights and the well-being of the population.

B. Interactive dialogue and responses by the State under review

48. During the interactive dialogue, 78 delegations made statements. Recommendations

made during the dialogue can be found in section II of the present report.

49. Burundi congratulated Togo on the elections held in 2015. It welcomed the

commitment to improve the human rights situation, by organizing awareness-raising and

training sessions on human rights for different State officials, and the measures taken to

improve the judicial system.

50. Canada complimented Togo on the abolition of the death penalty and the

criminalization of torture. It welcomed the efforts to improve detention conditions by

reducing overcrowding in prisons and separating incarcerated men from incarcerated

women and children.

51. The Central African Republic noted that youth continued to suffer abuse despite the

efforts made to eradicate that practice. It wished full success to Togo and called on the

international community to support Togo in the consolidation of democracy and in

strengthening the rule of law.

52. Chile noted the ratification of several international human rights instruments and the

efforts made to strengthen the normative framework and to cooperate with international

human rights mechanisms.

53. China commended Togo for its efforts to strengthen infrastructure and enhance the

level of public services in the health, education and employment sectors. It noted the

adoption of the Criminal Code and the Individuals and Family Code and the

implementation of a strategy to combat sexual violence. It hoped that the international

community would provide Togo with the necessary technical assistance.

8 GE.16-23163

54. The Congo noted the efforts to harmonize legislation with international instruments.

It encouraged Togo to strengthen its human rights institutions and its cooperation with the

human rights mechanisms.

55. Côte d’Ivoire welcomed the Law on the National Human Rights Commission, the

new Criminal Code and the adoption of strategies aimed at accelerating growth and

promoting employment. It was concerned about the underrepresentation of women in

decision-making and the protection of civil society actors.

56. Cuba welcomed the efforts to harmonize national legislation with ratified

international human rights instruments, the adoption of national and sectoral human rights

policies and programmes and the ratification of international treaties. It welcomed the Law

on the National Human Rights Commission and the strategy on accelerated growth and

employment promotion.

57. Djibouti welcomed the ratification of international human rights treaties and the Law

on the National Human Rights Commission. It encouraged Togo to combat sexual violence,

early marriage, ill-treatment of girls and female genital mutilation, and to eliminate

corruption in administration and in the judicial system.

58. Egypt noted the efforts to promote human rights and to implement the

recommendations from the first review cycle. It also noted the focus on social development,

combating poverty and developing the education sector. Egypt welcomed the submission of

reports to treaty bodies.

59. Ethiopia commended Togo for identifying priority areas in the promotion and

protection of human rights. It noted the efforts to enhance the normative and institutional

framework, as well as the Accelerated Growth and Employment Creation Strategy for

2013-2017.

60. Mexico noted the adoption of the law amending the definition of torture to bring it

into line with the Convention against Torture. It was concerned about discrimination based

on sexual orientation and gender identity. Mexico asked about the progress and challenges

in the implementation of the birth registration plan for 2013-2017.

61. Gabon noted the adoption of the new Criminal Code, which integrates a gender

perspective and prohibits child labour and human trafficking. It also noted the adoption of

the Individuals and Family Code, which prohibits customary practices constituting violence

and discrimination against women.

62. Georgia noted with satisfaction the enactment of the new Criminal Code and the

Individuals and Family Code and the ratification of the Convention against Discrimination

in Education and the Convention relating to the Status of Stateless Persons. It encouraged

Togo to issue a standing invitation to the special procedure mandate holders.

63. Germany noted progress made since the 2011 universal periodic review of Togo, in

particular the criminalization of torture.

64. Ghana noted with satisfaction the measures taken to ensure equal access by men and

women to education and inclusive education for persons with disabilities.

65. Switzerland welcomed the new Criminal Code while expressing concern about

restrictions on the right to freedom of expression and on the work of journalists and human

rights defenders, as well as precarious detention conditions and overcrowding in prisons. It

noted allegations of persistent malnutrition, unhealthiness and ill-treatment in detention

centres.

66. Guatemala noted the efforts to strengthen the judiciary. However, it was concerned

about the lack of independence of the judiciary, access to justice and impunity.

GE.16-23163 9

67. Indonesia welcomed the adoption of the Criminal Code, training on torture

prevention for police officers and the processing of complaints and investigations by the

National Human Rights Commission. It noted the efforts to harmonize national legislation

with international instruments and legislative measures for human rights promotion and

protection.

68. Iraq welcomed the cooperation with special procedures, the development of the

implementation action plan regarding the universal periodic review and the ratification of

the Convention against Discrimination in Education and the International Convention for

the Protection of All Persons from Enforced Disappearance.

69. Israel commended Togo for its good cooperation with international and regional

human rights mechanisms, proactive policies to prevent torture and the emphasis on

political participation.

70. Italy appreciated the intensified efforts to combat violence against women and girls

and enhance child protection since the first review cycle.

71. Kenya commended Togo for the steps taken to implement recommendations from

the first review cycle despite the challenges and without support from the international

community.

72. Lebanon took positive note of the commitment to uphold human rights principles,

which was reflected in the national legal framework, the reception of special procedure

mandate holders and the election of Togo as a member of the Human Rights Council from

2016 to 2018.

73. Libya welcomed the efforts to implement accepted recommendations from the first

review cycle and to strengthen the education system. It urged Togo to ensure that primary

education was accessible to all.

74. Liechtenstein welcomed the efforts to eliminate discrimination against women and

the prohibition of customary practices constituting violence or discrimination against

women through the amendment of the Individuals and Family Code. It encouraged Togo to

implement the Code.

75. Madagascar welcomed the adherence to the Convention against Discrimination in

Education and the Convention relating to the Status of Stateless Persons. Madagascar

welcomed the efforts to strengthen the institutional and legislative framework and the

progress made regarding the rights to education and health.

76. Maldives welcomed the efforts to eliminate discrimination against women, the

campaign against child marriage, awareness-raising about early and forced marriage and

early pregnancy. It commended the establishment of the framework for consultations and

dialogue with human rights actors and stakeholders.

77. Mauritania welcomed the engagement in the field of human rights and the efforts to

improve the living conditions of the population, including through the policy to eradicate

poverty and ensure access to education and health care. It noted the legislative and

institutional measures to reinforce the human rights framework, including the strengthening

of the National Human Rights Commission.

78. France welcomed the measures taken since the first review cycle, particularly the

ratification of the International Convention for the Protection of All Persons from Enforced

Disappearance and the Second Optional Protocol to the International Covenant on Civil and

Political Rights, aiming at the abolition of the death penalty, and the establishment of the

national mechanism to prevent torture.

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79. Mongolia noted the steps taken to eliminate discrimination against women, to punish

those responsible for gender-based violence and trafficking in women and to promote the

rights of persons with disabilities and of minorities. It commended Togo for its cooperation

with UNICEF to combat violence against and the sexual exploitation of children.

80. Montenegro commended Togo for its abolition of the death penalty and the

appointment of cantonal focal points to support victims of domestic violence. It asked about

measures to improve the legal framework on human trafficking, investigate cases of

trafficking and prosecute traffickers.

81. Morocco welcomed the reforms initiated regarding the rights to health, housing,

work and education. It commended Togo for its efforts in reforming and modernizing the

Criminal Code and the Criminal Procedure Code and in strengthening the guarantees on

access to justice.

82. Mozambique welcomed the ratification of the Convention against Discrimination in

Education, the Convention relating to the Status of Stateless Persons, the International

Convention for the Protection of All Persons from Enforced Disappearance and the Arms

Trade Treaty. It welcomed the visits by the United Nations Deputy High Commissioner for

Human Rights, the Subcommittee on Prevention of Torture and other Cruel, Inhuman or

Degrading Treatment or Punishment and special procedure mandate holders.

83. Namibia welcomed the new Criminal Code and the Individuals and Family Code,

which contains provisions aimed at eliminating discrimination against women. It

encouraged Togo to continue its efforts to reform the judicial system and to ensure the

independence of the judiciary.

84. The Netherlands noted the restrictions on the right to peaceful assembly, especially

for women and persons advocating for the rights of lesbian, gay, bisexual, transgender and

intersex persons, and the excessive use of force on demonstrators. It expressed concern

about the draft law on association, which might result in restrictions on the right to peaceful

assembly and association, and about the prevailing impunity.

85. The Niger welcomed the laws on the National Human Rights Commission and the

right to access to information and public documents, the good cooperation with treaty

bodies and special procedure mandate holders, and the government initiatives such as the

creation of agricultural development zones.

86. Nigeria praised the initiatives taken to reduce poverty. It noted the achievements

made to improve and strengthen the health-care and education systems and welcomed the

efforts to combat torture and ill-treatment through training courses for criminal

investigators and prison officials.

87. Pakistan was encouraged by the efforts made to implement the majority of the

recommendations from the first review cycle and noted the initiatives in that regard. It

commended Togo for its efforts to consolidate democracy and strengthen the rule of law.

88. The Philippines was encouraged by the steps taken to strengthen the domestic

framework. However, it noted with concern that the Nationality Code does not allow

women to transfer their nationality to a foreign spouse, as men are able to do. It was also

concerned about the underrepresentation of women in decision-making bodies.

89. Portugal commended the ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights. It welcomed the adoption of the new

Criminal Code, the compliance of the definition of torture with that contained in the

Convention against Torture and the prohibition of female genital mutilation. Portugal noted

the lack of access to primary education by one third of the children in the country.

GE.16-23163 11

90. The Republic of Korea appreciated the efforts to revise laws on areas including

regarding legal assistance, family, education and access to information. It noted that those

efforts were in follow-up to the previous review.

91. The Russian Federation commended Togo for its efforts to improve its legal

framework and the independence and effectiveness of the judiciary. It noted with concern

that the practice of female genital mutilation had not stopped despite its criminalization.

92. Rwanda noted the progress relating to social and economic rights and the right to

justice. It commended Togo for its continued efforts to promote gender equality and combat

sexual and gender-based violence and its implementation of policies aimed at reducing

disparities between men and women.

93. Senegal welcomed the legislative reforms reinforcing the human rights framework,

particularly the laws relating to the composition, organization and functioning of the

National Human Rights Commission and access to information and public documentation.

Senegal noted the ratification of the International Convention for the Protection of All

Persons from Enforced Disappearance and the training for penitentiary staff.

94. Serbia commended Togo for its efforts to combat discrimination, the ratification of

the Convention against Discrimination in Education and the adoption of the Criminal Code.

It encouraged the Government to continue its efforts towards achieving comprehensive

criminal liability for the use of torture.

95. Sierra Leone welcomed the adoption of the Law on Legal Aid, the new Criminal

Code and the ratification of the International Convention for the Protection of All Persons

from Enforced Disappearance. It encouraged Togo to ensure closer collaboration with the

national human rights institution and provide it with additional resources, and ensure

gender equality and equal participation of women in decision-making processes.

96. Slovenia commended Togo for its ratification of several human rights treaties. It was

concerned that birth registration was still not universal, that consensual same-sex sexual

conduct was criminalized and that violence against women remained a problem.

97. South Africa noted the efforts of Togo to strengthen the education system and the

adoption of the law on freedom of access to information.

98. South Sudan noted the adoption of laws on human rights issues and the ratification

of several human rights treaties. It encouraged Togo to share its experience and good

practice in ensuring access to education for girls.

99. Spain welcomed the new Criminal Code that criminalizes female genital mutilation,

while expressing concern that Togo continued to criminalize sexual relations between

consenting adults of the same sex. It also welcomed the fact that the new Criminal Code is

conducive to harmonizing national legislation with the Convention against Torture.

100. The Sudan welcomed the ratification of the International Convention for the

Protection of All Persons from Enforced Disappearance and the Convention against

Discrimination in Education and cooperation with special procedures.

101. Greece noted the progress in various areas, including the adoption of the Criminal

Code and the Individuals and Family Code, the strengthening of the education system and

the implementation of the National Strategy to Combat Gender-based Violence.

102. Tajikistan noted the socioeconomic development policy and the national programme

to modernize the judicial system.

103. Timor-Leste welcomed the fact that female genital mutilation had been criminalized

and the new law on freedom of peaceful assembly. However, it remained concerned at the

high rate of sexual harassment and rape of girls in schools.

12 GE.16-23163

104. Tunisia appreciated the adoption of the new Criminal Code, the Law on Legal Aid,

the Law on Freedom of Assembly and Association, and the Individuals and Family Code. It

welcomed the efforts to combat torture and ill-treatment and to improve prison conditions

and the situation of persons with disabilities.

105. Turkey welcomed the adoption of the Law on the National Human Rights

Commission and the action plans promoting birth registration.

106. Uganda noted the efforts to ratify several human rights instruments, including the

International Convention for the Protection of All Persons from Enforced Disappearance,

and to harmonize its legislation with its international human rights obligations.

107. Ukraine noted with satisfaction the Government’s efforts to implement the

Convention against Torture and the Convention on the Rights of the Child, to modernize

the judicial system and to implement regulations regarding conditions of arrest, custody and

detention.

108. The United Arab Emirates welcomed the progress made in the area of education,

particularly the policy to make primary education free and compulsory. It appreciated that

education was being provided to all social groups, including children with special needs.

109. The United Kingdom welcomed the decision to accede to the Second Optional

Protocol to the International Covenant on Civil and Political Rights. It urged Togo to adopt

a law and establish a commission to combat human trafficking and further reforms to

support political pluralism. It called for more measures to reduce prison overcrowding.

110. The United Republic of Tanzania noted the efforts to ratify numerous international

treaties. It commended Togo for its commitment to improve respect for the rule of law and

for taking initiatives aimed at revitalizing the economy, combating poverty and improving

the well-being of its citizens.

111. The United States of America commended Togo for, among other things, holding a

peaceful and democratic presidential election in 2015 and the decision to plan for local

elections. It remained concerned about the increase in pretrial detentions and poor prison

conditions. It noted the lack of reliable institutions to investigate corruption.

112. Uruguay welcomed the ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights, aiming at the abolition of the death

penalty and the ratification of the International Convention for the Protection of All Persons

from Enforced Disappearance. It encouraged Togo to ensure the independence of the

National Human Rights Commission and to provide it with the necessary resources.

113. The Bolivarian Republic of Venezuela noted that Togo had ratified international

instruments and submitted reports to the treaty bodies, that anti-retroviral drugs to combat

HIV/AIDS were free, primary education was free, grants were awarded to secondary school

students and to girls in remote areas and malnutrition had been reduced with support

provided to poor children.

114. Viet Nam commended Togo for the positive developments in the protection and

promotion of human rights.

115. Zambia commended Togo for developing the National Strategy to Combat Gender-

based Violence. It noted the prevailing social attitudes conducive to the stigmatization of

children with disabilities and the cases of juveniles kept with adults in places of detention

and of children without birth certificates.

116. Zimbabwe noted the adoption of national policies and programmes, including the

National Health Sector Development Plan and the ratification of several human rights

GE.16-23163 13

treaties, including the International Convention for the Protection of All Persons from

Enforced Disappearance.

117. Albania noted the adoption of the Law on Legal Aid and the Criminal Code and the

ratification of the International Convention for the Protection of All Persons from Enforced

Disappearance. It encouraged the Government to further strengthen its national efforts and

human rights mechanisms.

118. Algeria commended Togo for the adoption of the Law on Legal Aid and the review

of the Individuals and Family Code. It welcomed the efforts to combat torture and ill-

treatment through training to judicial staff, police officers and penitentiary staff. Algeria

also welcomed the workshop on access by women to land.

119. Angola noted the ratification of the Second Optional Protocol to the International

Covenant on Civil and Political Rights, the effective cooperation with international human

rights mechanisms and the harmonization of national legislation with international

standards.

120. Argentina welcomed the ratification of the International Convention for the

Protection of All Persons from Enforced Disappearance and the Second Optional Protocol

to the International Covenant on Civil and Political Rights and the legislative and

institutional initiatives taken to protect and improve the situation of women and girls.

121. Armenia welcomed the efforts to strengthen the education system, including the

increased number of teachers. It encouraged the enrolment of girls in primary education.

122. Australia welcomed the ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights. It expressed concern about the lack of

parliamentary oversight of the National Human Rights Commission, restrictions on

freedom of expression and assembly and the Criminal Code provisions that might restrict

freedom of the press and civil society.

123. Azerbaijan acknowledged the efforts to strengthen the legal and institutional

framework for human rights promotion and protection. It welcomed the cooperation with

special procedures.

124. Bangladesh welcomed the harmonization of national legislation with ratified

international treaties, the adoption of policies and national and sectoral programmes, the

adoption of the Accelerated Growth and Employment Creation Strategy and the progress in

gross domestic product growth, increased food production, access to safe drinking water

and the substantially decreased number of undernourished people.

125. Belgium welcomed the criminalization of torture while expressing concerns about

impunity in relation to the excessive use of force by armed forces, the lack of a law on

violence against women and the criminalization of sexual relations between consenting

adults of the same sex.

126. Botswana welcomed the enactment of various laws and noted the progress made in

implementing the recommendations from the previous review. It noted some challenges,

including sexual abuse of girls in schools, child marriage, lack of separation of minors and

adults in detention facilities and the high level of human trafficking.

127. Brazil appreciated the ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights, aiming at the abolition of the death

penalty, and recognized the constructive participation of Togo in international human rights

forums and its criminalization of torture.

14 GE.16-23163

II. Conclusions and/or recommendations

128. The recommendations formulated during the interactive dialogue/listed below

have been examined by Togo and enjoy the support of Togo:

128.1 Continue its efforts to ratify international human rights treaties (Côte

d’Ivoire);

128.2 Accede to those international legal instruments to which Togo is not yet a

party, in particular the Optional Protocol to the Convention on the Elimination

of All Forms of Discrimination against Women (Gabon);

128.3 Speed up the process of ratification of the Optional Protocol to the

Convention on the Elimination of All Forms of Discrimination against Women

(Georgia); Expedite action on the ratification process of the Optional Protocol

to the Convention on the Elimination of All Forms of Discrimination against

Women (Ghana); Accelerate its ratification process of the Optional Protocol to

the Convention on the Elimination of All Forms of Discrimination against

Women (Mongolia);

128.4 Consider signing and ratifying the Optional Protocol to the Convention

on the Elimination of All Forms of Discrimination against Women

(Guatemala);

128.5 Sign and ratify the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination against Women (Italy);

128.6 Accept, ratify or accede to the Optional Protocol to the Convention on

the Elimination of All Forms of Discrimination against Women (Uruguay);

128.7 Ratify the Optional Protocol to the Convention on the Elimination of All

Forms of Discrimination against Women (Madagascar) (Djibouti) (Portugal)

(Albania);

128.8 Continue to pursue gender equality by adopting the Optional Protocol to

the Convention on the Elimination of All Forms of Discrimination against

Women (Australia);

128.9 Expedite action on the ratification process of the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Ghana); Complete the process of ratifying the

International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families (Turkey);

128.10 Ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Algeria)

(Egypt) (Sierra Leone);

128.11 Ratify promptly the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families

(Guatemala);

128.12 Consider the ratification of the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Indonesia); Consider ratifying the International Convention on the

** The conclusions and recommendations have not been edited.

GE.16-23163 15

Protection of the Rights of All Migrant Workers and Members of Their

Families (Philippines);

128.13 Envisage the ratification of the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families which was signed by Togo in 2001 (Senegal);

128.14 Consider ratifying the International Labour Organization (ILO)

Domestic Workers Convention, 2011 (No. 189) (Philippines);

128.15 Continue its accession to the core international human rights

instruments (Azerbaijan);

128.16 Consider signing the core human rights treaties to which it is not

yet a party (United Republic of Tanzania);

128.17 Amend the Individuals and Family Code in which consideration is

given to prevention and support of victims of gender-based and sexual violence

(Liechtenstein);

128.18 Ensure that domestic legislation is in line with international

human rights standards (Philippines);

128.19 Accelerate the process to establish a national committee on the

rights of children provided for in the Children’s Code (Gabon);

128.20 Speed up the establishment of the national commission to fight

against trafficking in persons and the implementation process of the action plan

of the national policy on gender equity and equality (Madagascar);

128.21 Institute a national action plan on the prevention of torture and

allocate sufficient resources for its implementation (Serbia);

128.22 Continue to develop the normative and institutional framework at

the national level by integrating all instruments and treaties ratified by Togo in

the legislative system of the country (Iraq);

128.23 Strengthen training and awareness-raising of the main social

actors on international human rights standards (Côte d’Ivoire);

128.24 Continue efforts to raise awareness and to train those working in

the field of human rights (Egypt);

128.25 Establish a functional registry system reaching the whole

population, by, inter alia, extending the time for free birth registration and

offering birth certificate establishment procedures for the unregistered

(Germany);

128.26 Ensure universal birth registration and take the necessary steps to

achieve universal primary education and combat illiteracy (Slovenia);

128.27 Take the necessary measures to ensure that birth registration is

obligatory and free for all children (Turkey);

128.28 Put in place concrete measures to facilitate birth registration by

extending the free registration deadline and through multiplication of

awareness-raising activities thereon (Turkey);

128.29 Adopt and implement the national policies on child protection and

on the child welfare system (Slovenia);

16 GE.16-23163

128.30 Continue its efforts to launch and implement a national human

rights action plan in order to improve promotion and protection of human

rights (Indonesia);

128.31 Continue implementing the human rights action plan (Sudan);

128.32 Continue efforts to mainstream human rights into general policies

(Sudan);

128.33 Develop and promote national policies in the field of child rights

protection, in particular for vulnerable groups of the population (Tajikistan);

128.34 With the support from the international community, make efforts

to integrate a human rights approach in public policies and establish a credible

data collection centre (Uganda);

128.35 Incorporate the Sustainable Development Goals in development

policies and programmes (Zimbabwe);

128.36 Include human rights education in curricula in educational

institutions (Armenia);

128.37 Submit overdue reports to the human rights treaty bodies

(Ghana); Submit overdue reports to the relevant treaty bodies (Sierra Leone);

128.38 Step up efforts towards gender equality (Philippines);

128.39 Make further efforts to protect and integrate into society

disadvantaged women, such as rural women, women with disabilities and

women in detention, by adopting targeted policies for them, in particular in the

areas of education, employment, health care and social security (Republic of

Korea);

128.40 Adopt further measures to ensure gender equality in the society,

including through implementing and updating, when necessary, the National

Strategy to Combat Gender-based Violence (Viet Nam);

128.41 Continue the positive measures in favour of women by promoting

their access to justice and education (Angola);

128.42 Continue adopting measures to facilitate hiring women in labour

sectors that have traditionally been exclusively for men, including the armed

forces (Chile);

128.43 Continue its efforts aimed at addressing the underrepresentation

of women in decision-making bodies, including through considering the

adoption of a law on gender equality (Rwanda);

128.44 Continue its work on the elimination of discrimination against

women (Tajikistan);

128.45 Continue efforts aiming at promoting the role of women in

decision-making and achieving equality of opportunities (Tunisia);

128.46 Multiply the activities undertaken to increase the participation of

women in political life and in decision-making (Turkey);

128.47 Strengthen the national gender equity and equality policy (Côte

d’Ivoire);

128.48 Intensify its fight against violence against women and girls and

continue the fight against stereotypes (Cuba);

GE.16-23163 17

128.49 Promote the national policy aimed at achieving gender equality

and the empowerment of women (Egypt);

128.50 Strengthen its efforts to prevent and combat all forms of

discrimination and violence against women, children and other vulnerable

groups through the adoption of comprehensive legislation and awareness-

raising campaigns (Italy);

128.51 Continue to intensify efforts to achieve equality and non-

discrimination in the framework of equality and equity between men and

women (Iraq);

128.52 Take legislative and statutory measures to eliminate all forms of

discrimination against women, persons with disabilities and children affected

by HIV/AIDS (Madagascar);

128.53 Take measures to increase the participation of women in

governance and decision-making bodies (Maldives);

128.54 Continue efforts to combat violence against women while

promoting gender equality, including carrying out awareness-raising

programmes to raise the consciousness of public opinion (France);

128.55 Implement formal and effective prevention and protection

mechanisms for women victims of violence and female genital mutilation

(Spain);

128.56 Prohibit harmful practices, including by adopting additional

measures to fight against all forms of violence against women and girls

(Slovenia);

128.57 Continue to implement the National Strategy for Gender-based

Violence (Pakistan);

128.58 Continue efforts to combat human trafficking, in particular

exploitation of children and women, by stepping up the efforts to combat

impunity of traffickers and regional cooperation (France);

128.59 Adopt effective prevention and education measures to end all

cases of child marriage and female genital mutilation (Liechtenstein);

128.60 Prosecute all cases of child marriage and female genital mutilation

and punish the perpetrators according to the law (Liechtenstein);

128.61 Adopt at the earliest a decree establishing a national commission

to fight against trafficking in persons (Central African Republic);

128.62 Step up efforts to combat violence against women and girls,

including by promoting literacy among these groups (Zimbabwe);

128.63 Enhance its efforts aimed at improving the situation of the rights

of the child, in particular efforts to eliminate early and forced marriage and

child trafficking (Rwanda);

128.64 Strengthen actions aimed at ending child, early and forced

marriage (Sierra Leone);

128.65 Separate children in conflict with the law from adults in police

and detention facilities and place them in a child-sensitive environment

(Zambia);

18 GE.16-23163

128.66 Urgently take legal, statutory and administrative measures

against child labour (Central African Republic);

128.67 Bring its legal definition of torture into line with the Convention

against Torture and Other, Cruel, Inhuman or Degrading Treatment or

Punishment (Australia);

128.68 Address the arbitrary and excessive use of force by law

enforcement agencies, in particular the military, by providing effective human

rights-sensitive training and additional resources, and setting up accountability

mechanisms (Netherlands);

128.69 Align its Penal Code with international norms with a view to

integrating judicial guarantees against torture, such as the right to a lawyer in

all phases of a criminal procedure, including in police detention (Serbia);

128.70 Address the growing problem of pretrial detentions and prison

conditions (United States of America);

128.71 Facilitate the adoption of the new Code of Criminal Procedure

that includes the notification of charges, the right to be assisted by counsel,

compulsory medical examination and notification of family members, with a

view to strengthening the rights of those in police custody (Republic of Korea);

128.72 Continue to take steps to improve conditions in prison settings

and make them consistent with international standards (Angola);

128.73 Ensure that decent sanitary conditions are provided to detainees

(Djibouti);

128.74 Improve prison conditions in all detention centres by developing

and implementing a strategy to end the current overcrowding in prisons, as

accepted in the 2011 review by, inter alia, restricting the use of pretrial

detention, developing alternative forms of punishment, as well as ensuring

access to sufficient food and drinkable water, adequate sanitary facilities and

medical treatment (Germany);

128.75 Improve detention conditions in conformity with the United

Nations Standard Minimum Rules for the Treatment of Prisoners and the

United Nations Rules for the Treatment of Women Prisoners and Non-custodial

Measures for Women Offenders (Switzerland);

128.76 Take verifiable measures to improve prison conditions (Spain);

128.77 Step up efforts for the improvement of the justice as well as the

penitentiary system (Greece);

128.78 Develop a strategy to reduce prison overcrowding and improve

conditions in line with the United Nations Standard Minimum Rules for the

Treatment of Prisoners (Kenya);

128.79 Investigate thoroughly cases of female genital mutilation and

bring the perpetrators to justice (Russian Federation);

128.80 Thoroughly investigate and prosecute cases of sexual harassment

and rape of girls in schools (Sierra Leone);

128.81 Intensify the investigation and punishment of cases of

discrimination and gender violence (Argentina);

GE.16-23163 19

128.82 Provide prompt, thorough and impartial investigations into all

allegations of excessive use of force by the armed forces and submit to a fair

trial anyone suspected of being responsible (Belgium);

128.83 Ensure that allegations of arbitrary arrest, detention and torture

are investigated promptly and thoroughly with suspected perpetrators brought

to justice (United Kingdom of Great Britain and Northern Ireland);

128.84 Carry out immediate, impartial and exhaustive investigations into

all allegations of torture, ill-treatment and other human rights violations, in

particular in detention centres, as recommended previously, and prosecute

those responsible (Netherlands);

128.85 Improve access to justice for women through legal aid and ensure

that women human rights defenders can work safely and are not hindered in

their activities (Liechtenstein);

128.86 Ensure that women victims of violence receive adequate assistance

and that perpetrators are brought to justice (Italy);

128.87 Adopt measures to guarantee the right to life, liberty and security

of person, particularly to prevent the practice of mob justice as well as

impunity for those who are guilty, facilitate the activities of human rights

organizations as they combat those practices (Chile);

128.88 Continue to strengthen the judicial system, in particular the

independence of the judiciary, access to justice, access to necessary

infrastructure and resources and the fight against impunity (Ghana);

128.89 Strengthen the independence of the judiciary and safeguard the

rule of law by, inter alia, increasing the budget allocated to the justice system

(Germany);

128.90 Continue strengthening the judiciary system, in particular the

independence of the judiciary, access to justice, and combating impunity

(Guatemala);

128.91 Take measures to raise the awareness of its citizens with regard to

the rights and judicial procedures in order to improve their access to justice

(Maldives);

128.92 Pursue reforming the judicial system to strengthen its

effectiveness, particularly by improving access to justice and detention

conditions (France);

128.93 Ensure that violations committed by members of the security

forces are subject to legal proceedings (France);

128.94 Strengthen the means of action of the training centre for judicial

professions created in 2010 (Morocco);

128.95 Further strengthen efforts to promote good governance (Georgia);

128.96 Strengthen the rule of law by depoliticizing the judiciary and law

enforcement and strengthening investigations into corruption and human

rights violations and abuses (United States of America);

128.97 Ensure the right to unrestricted peaceful assembly, avoid

arbitrary detention and the excessive use of force during those assemblies

(Uruguay);

20 GE.16-23163

128.98 Ensure the protection of freedom of expression and of assembly in

law and in practice, especially with regard to political participation and the

safety of journalists (Brazil);

128.99 Implement effectively the 2030 Sustainable Development Goals

and promote sustainable economic and social development in order to create a

solid foundation for the development of its human rights cause (China);

128.100 Further continue the implementation of the national development

plan for generating resources, which is useful to combat poverty (Ethiopia);

128.101 Join efforts with international partners in finding innovative

solutions for efficient water management to ensure basic subsistence for all

(Israel);

128.102 Pursue and increase its efforts undertaken in the field of

education, water and sanitation (Morocco);

128.103 Pay more attention to fighting against extreme poverty (Ukraine);

128.104 Pay more attention to social and economic development

programmes (Ukraine);

128.105 Pay more attention to the right to food and the general living

conditions of the population (Ukraine);

128.106 Include those affected by the phosphate extraction industry in the

negotiations on their settlement and the acquisition of alternative farm lands

for them (Kenya);

128.107 Ensure the implementation of the relevant laws to protect people

and the environment, by requiring phosphate companies to work with the

Government and support its efforts aimed at local and regional development,

through, inter alia, building schools and dispensaries and providing water and

sanitation to those affected (Kenya);

128.108 Continue the implementation of measures aimed at eradicating

poverty and illiteracy (Lebanon);

128.109 Through its own efforts and international cooperation, further

lower its maternal and infant mortality rates (China);

128.110 Allocate resources to the capacity-building of medical staff with a

view to reducing overall morbidity and mortality (Israel);

128.111 Pay more attention to combating HIV/AIDS, malaria,

communicable and non-communicable diseases and strengthening the

pharmaceutical sector (Ukraine);

128.112 Improve the health-care system and specifically provide further

measures on infrastructure and resources to maternal health, including

midwife training, with a focus on health care for mothers and babies through

pregnancy and childbirth (Albania);

128.113 Elaborate and implement an action plan for human rights

education (Cuba);

128.114 Continue to strengthen the quality of education by building and

equipping school facilities (Ethiopia);

128.115 Continue taking the necessary steps to achieve universal primary

education (Georgia);

GE.16-23163 21

128.116 Expedite the development of a national plan for human rights

education (Israel);

128.117 Seek the support of partners to pursue its efforts in the areas of

the right to education and the right to health (Madagascar);

128.118 Continue to strengthen access to education through various

programmes and initiatives for all children (Pakistan);

128.119 Take all necessary measures to ensure universal primary

education, combat illiteracy and reduce the drop-out rate in primary schools

(Portugal);

128.120 Continue taking the necessary measures to ensure universal

primary education and to combat illiteracy in the country (Russian

Federation);

128.121 Strengthen efforts at promoting inclusive education, including

through regional initiatives (South Africa);

128.122 Continue its efforts in improving human rights in the country,

especially education of girls (South Sudan);

128.123 Ensure inspections of school facilities and establish clear reporting

systems for cases of violence in schools (Timor-Leste);

128.124 Continue the integration of human rights courses at all levels of

education (United Arab Emirates);

128.125 Continue to reinforce its efforts towards attaining quality

education at all levels (United Republic of Tanzania);

128.126 Continue to consolidate its successful social plans, particularly its

very successful education policy (Bolivarian Republic of Venezuela);

128.127 Take further steps to ensure the right to education for all,

especially through increasing the literacy rate (Viet Nam);

128.128 Give equal access to education, health care and other social

services regardless of having birth certificates or not, to all children (Zambia);

128.129 Adopt a law aimed at promoting access to education and health

services for all children with disabilities (Congo);

128.130 Begin the process of drafting legislation to promote and protect

the rights of persons with disabilities (Maldives);

128.131 Take measures in order to improve and create additional

favourable conditions to facilitate access to education for persons with

disabilities (Nigeria);

128.132 Continue to make efforts to progressively introduce an inclusive

education system for the children with disabilities (Pakistan);

128.133 Further improve accessibility of persons with disabilities to

infrastructure, training and education (Greece);

128.134 Continue its efforts in the area of human rights, particularly in

providing elementary education for all, and combat illiteracy (Libya);

128.135 Investigate cases of killings related to children born with

disabilities and bring to justice those responsible for such crimes (Zambia);

22 GE.16-23163

128.136 Adopt measures to prevent and mitigate the adverse human rights

impact of companies operating in Togo (Nigeria).

129. The following enjoy the support of Togo, which considers that they are already

implemented or in the process of implementation.

129.1 Speed up the process of ratification of the Second Optional Protocol to

the International Covenant on Civil and Political Rights (Georgia); Speed up

the process of ratification of the Second Optional Protocol to the International

Covenant on Civil and Political Rights, aiming at the abolition of the death

penalty (Mozambique); Continue efforts aimed at ratifying the Second

Optional Protocol to the International Covenant on Civil and Political Rights,

aiming at the abolition of the death penalty (South Africa);

129.2 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Djibouti); Adhere to the Second Optional Protocol to the International

Covenant on Civil and Political Rights (Madagascar);

129.3 Accept, ratify or accede to African Charter on Democracy, Elections and

Governance (Uruguay);

129.4 Accede to the Convention on the Non-Applicability of Statutory

Limitations to War Crimes and Crimes against Humanity (Armenia);

129.5 Domesticate the Convention against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment (Kenya);

129.6 Adopt and implement human trafficking legislation with a special focus

on protecting children, in line with Togo’s obligations under the Optional

Protocol to the Convention on the Rights of the Child on the sale of children,

child prostitution and child pornography (United Kingdom of Great Britain

and Northern Ireland);

129.7 Accelerate the functioning of the National Human Rights Commission

making it in conformity with the Paris Principles (Senegal);

129.8 Adopt measures to guarantee the full independence and impartiality of

the National Human Rights Commission, ensure that its members nomination

process is transparent and subject to independent oversight and make the

Commission’s findings publicly available (Kenya);

129.9 Adopt the necessary measures to guarantee the full independence and

impartiality of the National Human Rights Commission; ensure the

transparency of the appointment process of its members and ensure that it has

an independent oversight mechanism (Chile);

129.10 Review the way National Human Rights Commission members

are appointed to ensure its independence (Australia);

129.11 Complete the process of creating a coordination body to

implement the Convention on the Rights of the Child (Turkey);

129.12 Adopt laws guaranteeing compulsory birth registration

(Lebanon);

129.13 Ensure that birth registration is free and compulsory in practice

and guarantee that children without a birth certificate are not deprived of

access to education, health care and other social services, in line with the

recommendation of the Committee on the Rights of the Child (Namibia);

GE.16-23163 23

129.14 Swiftly implement the provisions in the new Criminal Code,

aiming at the elimination of the practice of female genital mutilation

(Portugal);

129.15 Implement the National Strategy to Combat Gender-based

Violence (South Africa);

129.16 Reform the Togolese legislation aimed at eliminating

discriminatory practices against women in matters of inheritance (Spain);

129.17 Ensure the abolition of all forms of early and forced marriage,

including through increasing the minimum age of marriage to 18 for girls

(Botswana);

129.18 Implement rigorously the legislation establishing the minimum

age of marriage at 18 years old (Central African Republic);

129.19 Promulgate and implement as soon as possible the law amending

the definition of torture and ensure that it is used to investigate complaints of

torture and ill-treatment (Mexico);

129.20 Introduce criminal liability for trafficking in children, in

particular with the purpose of adoption and sale of organs of children (Russian

Federation);

129.21 Further increase the juvenile courts in its territory to make justice

more accessible (Niger);

129.22 Take steps to protect freedom of expression and opinion, as

provided for in the International Covenant on Civil and Political Rights

(Australia);

129.23 Promote the laws on freedom of the press and of expression

(Lebanon);

129.24 Protect freedom of assembly and association by ensuring that

peaceful demonstration can take place free from intimidation and harassment

(Canada);

129.25 Reform the laws that hamper the exercise of freedom of

expression to ensure that they are in line with international human rights

norms (Uruguay);

129.26 Elaborate economic policies and poverty reduction strategies

(Niger).

130. The following recommendations will be examined by Togo, which will provide

responses in due time, but no later than the thirty-fourth session of the Human Rights

Council.

130.1 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Montenegro) (Portugal);

130.2 Adopt the law on human trafficking (Timor-Leste);

130.3 Adopt a law on all forms of violence and discrimination against women

(Turkey);

130.4 Adopt a specific law, based on prevention of violence against women and

related assistance, to combat all violence against women (Algeria);

24 GE.16-23163

130.5 Elaborate a law on violence against women, including domestic violence

(Belgium);

130.6 Adopt a comprehensive legislation to address human trafficking

(Botswana);

130.7 Consider issuing a standing invitation to the United Nations human

rights special procedures (Rwanda); Consider the issuance of a standing

invitation to the special procedure mandate holders (Azerbaijan);

130.8 Issue a standing invitation to all special procedures (Mexico); Issue

standing invitations to all special procedures of the Human Rights Council

(Ghana); Extend a standing invitation to United Nations special procedure

mandate holders (Guatemala); Extend a standing invitation to all special

procedure mandate holders (Montenegro);

130.9 Adopt without delay the draft law establishing quotas for women in

elected and administrative positions, in line with the recommendation of the

Committee on the Elimination of Discrimination against Women (Namibia);

130.10 Solidify the democratic process by organizing a popular

referendum on presidential term limits and setting a date for and plan to hold

local elections (United States of America);

130.11 Introduce a quota system in the employment sector for persons

with disabilities (Russian Federation).

131. The recommendations below did not enjoy the support of Togo and would thus

be noted.

131.1 Accelerate its ratification process of the Optional Protocol to the

International Covenant on Economic, Social and Cultural Rights (Mongolia);

131.2 Ratify the Optional Protocol to the International Covenant on Economic,

Social and Cultural Rights (Portugal);

131.3 Expedite action on the ratification process of the Rome Statute of the

International Criminal Court (Ghana);

131.4 Consider ratifying the Rome Statute of the International Criminal Court

(Timor-Leste);

131.5 Accede to the Rome Statute of the International Criminal Court

(France); Ratify the Rome Statute of the International Criminal Court

(Switzerland); Accept, ratify or accede to the Rome Statute of the International

Criminal Court (Uruguay);

131.6 Accede to the Rome Statute of the International Criminal Court and

amend its national legislation to ensure that it is in line with the Rome Statute,

including incorporating relevant provisions in order to comply with the Court

(Guatemala);

131.7 Ratify the Rome Statute as well as the Kampala Amendments to the

Rome Statute (Liechtenstein);

131.8 Decriminalize sexual relations between consenting adults of the same sex

(Australia);

131.9 Strengthen the laws to ensure that sexual orientation and gender identity

are included among the grounds for prohibition of discrimination in order to

prevent impunity in acts of discrimination based on those grounds (Chile);

GE.16-23163 25

131.10 Repeal provisions of the Criminal Code, which criminalize sexual

conduct between persons of the same sex (Mexico);

131.11 Repeal legal provisions that criminalize lesbian, gay, bisexual,

transgender and intersex persons, in accordance with the principle of non-

discrimination (France);

131.12 Adopt and implement legislation prohibiting discrimination on

the basis of sexual orientation and gender identity, including by decriminalizing

consensual same-sex sexual conduct (Slovenia);

131.13 Decriminalize sexual relations between consenting adults of the

same sex (Spain);

131.14 Protect, respect and make a reality human rights for all people,

regardless of their sexual orientation or their gender expression or identity

(Uruguay);

131.15 Investigate all allegations of attacks and arbitrary detention of

lesbian, gay, bisexual, transgender and intersex persons and bring the

perpetrators to justice (Uruguay);

131.16 Adopt the additional necessary measures to guarantee the full

enjoyment of human rights of vulnerable groups subjected to discrimination,

such as lesbian, gay, bisexual, transgender and intersex people, including

investigation and punishment of cases of discrimination and the repeal of laws

that criminalize and stigmatize (Argentina);

131.17 Repeal the provisions of the Penal Code that criminalize sex

between consenting people of the same sex and incitement to sexual relations

between consenting people of the same sex (Belgium);

131.18 Fully align national criminal laws with international human rights

obligations, especially in relation to the criminalization of same-sex relations

(Brazil);

131.19 Ensure a safe working environment for human rights defenders,

by modifying the legislation that allows the denial of legal registration of

organizations specialized in reproductive and sexual rights of women as well as

associations defending the rights of lesbian, gay, bisexual, transgender and

intersex persons (Canada);

131.20 Review the provisions of the Criminal Code providing for prison

sentences for slander and publication of false information, and introduce

amendments in order to concretely protect freedom of expression and of the

press (Canada);

131.21 Guarantee the right to freedom of expression, association and

peaceful assembly and the right to participate in public and political life. To

reach this goal, amend all laws violating these rights and bring them in line

with international human rights standards, namely the Criminal Code, the

Press and Communication Code and Law No. 2011-010 on freedom of assembly

and public and peaceful demonstrations (Germany);

131.22 Modify the provisions of the Penal Code relating to freedom of

expression, such as those relating to defamation and publication of false news,

in order to be consistent with international and regional human rights

instruments (Switzerland).

26 GE.16-23163

132. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

GE.16-23163 27

Annex

Composition of the delegation

The delegation of Togo was headed by H.E Mr. Kokouvi AGBETOMEY, Minister of

Justice and Relations with the Institutions of the Republic, and composed of the following

members:

• Mme Nakpa POLO, Secrétaire d’État chargée des droits de l’homme;

• Mme Dédé Ahoéfa EKOUE, Ministre, Conseillère du Président de la République;

• M. Derman ASSOUMA, Député, Président de la Commission des droits de l’homme

de l’Assemblée nationale;

• Mme Yobaté KOLANI-BAKALI, Députée, Rapporteur de la Commission des droits

de l’homme;

• S. E. M. Yackoley K. JOHNSON, Ambassadeur, Représentant permanent du Togo à

Genève;

• M. Kpatchaa MELEOU, Conseiller du Ministre de la sécurité et de la protection

civile;

• Mme Akossiwa Kafoui ADZONYOH, Conseillère technique du Ministre délégué

auprès du Ministre des enseignements primaire et secondaire chargé de

l’enseignement technique et de la formation professionnelle;

• Mme Badabossia AZAMBO-AQUITEME, Directrice générale de la protection de

l’enfance;

• Mme Mazalo TEBIE-AMOUSSOU-KOUETETE, Directrice du genre et des droits

de la femme au Ministère de l’action sociale, de la promotion de la femme et de

l’alphabétisation;

• M. Kokou MINEKPOR, Directeur de la législation et de la promotion des droits de

l’homme au Secrétariat d’État chargé des droits de l’homme;

• Mme Pierrette D’ALMEIDA, Directrice de la planification et de l’aménagement

régional au Ministère de la planification du développement;

• M. Komla AHONDO, Chargé de mission au Secrétariat général du Gouvernement;

• M. Balom’ma BEDABA, Ministre Conseiller à la Mission permanente du Togo à

Genève;

• M. Komlan Agbélenkon NARTEH-MESSAN, Chef de la Division de la coopération

bilatérale et multilatérale au Ministère des affaires étrangères, de la coopération et de

l’intégration africaine;

• M. Afo Ousmane SALIFOU, Premier Secrétaire à la Mission permanente du Togo à

Genève.